Councilor Elliot’s Blogging Again – City Clerk

I try to check and read most local Blogs and City Councilor Rodney Elliot launched a Blog the Low(ell) down in early 2010. I stopped checking it out because he hadn’t posted since July 2010, apparently he is back posting. He has a Post dated June 3 2011 titled “ Government Transparency – Getting Cloudy at City Hall but then nothing until last Friday Sept. 16th in a Post titled: UMASS-Lowell Student Parking, Pawtucketville Residents: Relief is on the way !

He Posted again Sunday, September 18, 2011 on the City Clerk situation, the following is cross Posted from his Blog !

City Clerk Office – “new reports” date back to July 19, 2011.

On Friday night I received a packet of information delivered by the Lowell Police Department on “new reports” recently discovered. These reports should be emailed to Councilors in the future because we’re tying up police officers to act as couriers. But I digress….

The date on the reports is: 9/12/2011, just one day before the City Council was scheduled to vote on an extension of the Acting City Clerk Brian Leahy which was set to expire on 9/26/11, prior to the next City Council meeting. Some form of action had to be taken to ensure the continuity of management in the Clerk’s office. Be it extending the Acting Clerk for a period of time or appointing the Assistant Clerk.

What is very odd to me is the fact that the information contained in this report was from interviews conducted in July of this year – over 8 weeks ago. Why are we now just getting these reports? We were told in Executive Session that the contents of these reports were confidential, and were to remain confidential. But apparently now they are not. I really don’t understand these two very different realities.

As I told the Mayor yesterday when I returned his phone call, the timing of his communication and call for a Special City Council meeting is suspect. If this information was available it should have been provided to the Council prior to last Tuesday’s meeting. In addition, any report by the Acting Clerk also should have been provided before last Tuesday’s meeting. The Acting Clerk has had 60 days to provide us with the information. Why wait until after the re-appointment was considered. I’m going to assume that the Clerk knew what was on the City Council agenda. And why a reappointment for 90 days?

Had the Mayor asked the he be reappointed until next week so that the Acting Clerk could render his report for consideration before taking the issue up I could have seen the merit in that request. Three months gives one individual an unfair advantage for the permanent position.

I understood the need for an independent person in that office during the investigation period. Someone with no horse in the race that would be forthcoming with Law Enforcement. In retrospect we should have included language in the 60 day appointment that stated no individual that serves as the Temporary Clerk can apply for the permanent position. All present at the meeting were told by the Mayor that Mr. Leahy only wanted to serve on a temporary basis, because he recently started his own law practice ( the reason for him leaving the City Solicitor’s Office) and I took him at his word.

It should be an interesting discussion at our next meeting. Since this is a personnel matter, under the State Rules, it is to be held in Executive Session unless the person being discussed wants it in public. I believe it should be held in a public forum rather than behind closed doors so the public can witness and decide for themselves exactly what is going on.

I will also advertise the following for Councilor Elliot since I re-posted his Blog Post

Campaign Fundraiser:Lowell Lodge of Elks.
Friday September 30th , 2011 7:00 – 9:00 pm
Donation is appreciated but not necessary.
As Always – Kids are welcome

Agenda for City Council on September 27, 2011, 06:30 PM

LOWELL CITY COUNCIL
REGULAR MEETING
TUESDAY SEPTEMBER 27, 2011
TIME 6:30 PM

CITY HALL, CITY COUNCIL CHAMBER

CITY CLERK
1. Minutes of September 13th for acceptance.
2.Communication-From City Auditor re: Formalized Cash Policy of the City of Lowell.

UNFINISHED BUSINESS
3.Vote-Accept sections 21, 22 and 23 as provided in sec. 21(a) of MGL Chapter 32B, as amended.
4.Vote-Rescind vote appointing Angela Gitschier Acting City Clerk.
5.Vote-Appointment of an Acting City Clerk (Robert E. Slagle).

EXECUTIVE SESSION
To go into Executive Session for the purpose of an ongoing discussion of matters relating to a former City employee, as it relates to charges against this former City employee.

GENERAL PUBLIC HEARINGS (Scheduled for 7PM)
6.Ordinance-Amending “Zoning” re-Frontage.
7.Ordinance-Amend Ch.222 by inserting a new sec. 222-13 entitled Library Child Safety.
8.Loan Order-$10,450,000 (LRWU) finance cost of upgrades.

CITY MANAGER
9.Vote-Accept gift from Estate of the late Mary E. McNamara (Council on Aging).
10.Vote-Accept gift of 16 dogwood trees from The Lions Club of Lowell, Inc. (Parks Dept.)
11.Vote-Apply/accept/expend grant ($50,000) Mass Dept. of Conservation and Rec.
12.Vote-Authorize Manager accept deed to Rita Street Extension from Loon Hill Development, Inc.
13.Correspondence-Appoint Dorothy Duval – Hunger Homeless Commission.

REPORTS (Sub/Committee, if any)
14.Report of Finance Sub/Committee

GENERAL PETITIONS
15.Misc.-Enid DeCastro requesting a Handicap Parking Sign at 54-56 Nelson Avenue.

UTILITY PETITIONS
16.Pole Location-National Grid-Pole location Hildreth St

MOTIONS
17.C. Mercier-Req. City Council establish an Ad/Hoc Clerk Oversight S/C and the Mayor appoint members to address short falls and existing issues in terms of the day to day operations of the Clerk’s Office.

18.C. Mercier-Req. Mgr. have Developmental Services streamline the permitting process as it relates to the Treasurer’s Office.

19.C. Mercier-Req. Mgr. establish a drop off area where residents can bring large branches and trees after storms such as those xmas tree areas.

20.C. Mercier-Req. Mgr. send traffic engineer to Fowler Rd. to inspect sunken areas of the street caused by utility tie ends and see if there is any portion of a performance bond existing

21.C. Mercier-Req. Mgr. have the Parks Dept. and the Police address issues at Monsignor Keenan Park at Hampshire St. and W. 6th Sts.

22.C. Murphy-Req. Mgr. report on rental permitting requirements for landlords.

23.C. Murphy-Req. Mgr. report on potential of student SmartCards to access public transit, school, recreational and library resources.

24.C. Murphy-Req. Mgr. provide one-year report on reorganization of Inspectional Services into the Development Services Department.

25.C. Murphy-Req. City Council develop policy recommendations for oversight of Clerk’s Office and refer final Leahey Report to Personnel S/C for discussion.

26.C. Elliott-Req. Auditor direct independent auditor firm to audit all depts. That accepts cash.

27.C. Elliott-Req. Mgr. update City Council on solar panels at landfill.

28.C. Elliott-Req. Mgr. work with management to address safety issues at Shelter.

Asst. Clerk cleared / Council Challenger Lorrey on Clerk Issue

The public notice released last week advertising a special meeting on the City Clerk’s Office held Monday night said one topic of discussion could be “complaints and charges against an individual employee.”

Well Asst. Clerk Gitschier wasn’t having any closed-door discussions she wanted the Public to know she did nothing wrong and asked for an open meeting. According to the SUN: “when Attorney Gary Brackett, the lawyer for the employee in question, Assistant Clerk Angela Gitschier, asked at the meeting if his client was being charged with any wrongdoing, he said he did not receive a response from the city. Well that has been cleared up. The Headline today reads: Assistant city clerk won’t be charged and the story confirms: Yesterday, the Lowell Police Department and the Middlesex District Attorney’s Office both said they are not pursuing charges against Gitschier. Maybe the Mayor will apologize for putting that line in the meeting notice.

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City Council Challenger Marty Lorrey also has some suggestions about the City Clerk Issue:

For days when I was asked for my opinion while going door to door I would say”sit back and let the dust settle and see what the truth is”. There has been nothing but allegations and finger pointing,let the process proceed and when its final…ized we will all know the truth. I like most people do not have access to all the information and must wait for the information to come forward. At this point I feel comfortable enough to make these suggestions:

Concerning the situation in the city clerks office I believe the following recommendations should be considered.

1) Name a new interim city clerk

2) Call for a complete audit by both the Secretary of States office and the city of Lowell auditors office to insure the clerks office is in compliance with all state laws and city ordinances.

3) Insure that the office is updated with the technology necessary to record all monetary transactions.

4) Update the data base to insure all records are preserved and accessible.

5)The council should consider naming a sub committee to oversee the offices under its jurisdiction.

6) Name a qualified city clerk after the audits by both the state and city agency